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1976 Supreme(Cal) 336

R.BHATTACHARYYA, A.K.JANAH
BIVA BANERJEE – Appellant
Versus
MANMATHA NATH BANERJEE – Respondent


Advocates Appeared:
B.K.BHOSH, Dilip Kumar Benarjee, P.C.MATILAL, SANKARLAL SEAL, Tarak Nath Roy

A. K. JANAH, J.

( 1 ) THIS appeal is on behalf of the tenants-defendants and it arises out of a suit for ejectment instituted by the landlord-respondent on the ground of reasonable requirement for his own use and occupation and also for the use and occupation of the members of his family. The suit premises consists of the north and western portion of premises No. 198. Upper Circular Road. Originally the defendants' father Bipin Krishan Banerjee was a tenant in respect of the disputed premises under the predecessor-in-interest of the plaintiff. The plaintiff purchased premises No. 198, Upper Circular Road by a registered sale deed dated December 14, 1949 and became the owner of the said premises. The father of the defendant held the disputed premises at a monthly rent of Rs. 57. 50 payable according to English Calendar month.

( 2 ) THE plaintiff's case is that he purchased the disputed premises for his own use and occupation and for the use and occupation of the members of his family. It is alleged in the plaint that the plaintiff has a joint family dwelling house at 195, Upper Circular Road which is just in front of the disputed premises. It is stated that the plaintiff has six b




















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